[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR160.312]
[Page 674]
TITLE 45--PUBLIC WELFARE
SUBTITLE A--DEPARTMENT OF HEALTH
AND HUMAN SERVICES
PART 160--GENERAL ADMINISTRATIVE REQUIREMENTS--Table of Contents
Subpart C--Compliance and Enforcement
Sec. 160.312 Secretarial action regarding complaints and compliance reviews.
(a) Resolution where noncompliance is indicated. (1) If an
investigation pursuant to Sec. 160.306 or a compliance review pursuant
to Sec. 160.308 indicates a failure to comply, the Secretary will so
inform the covered entity and, if the matter arose from a complaint, the
complainant, in writing and attempt to resolve the matter by informal
means whenever possible.
(2) If the Secretary finds the covered entity is not in compliance
and determines that the matter cannot be resolved by informal means, the
Secretary may issue to the covered entity and, if the matter arose from
a complaint, to the complainant written findings documenting the non-
compliance.
(b) Resolution when no violation is found. If, after an
investigation or compliance review, the Secretary determines that
further action is not warranted, the Secretary will so inform the
covered entity and, if the matter arose from a complaint, the
complainant in writing.